HC Deb 22 June 1917 vol 94 cc2130-2

(1) Where this Act is so applied with respect to any country, the subjects of that country shall be liable to military service under the Military Service Acts, 1916, in the same manner as British subjects: and those Acts shall apply accordingly; subject to the following modifications:—

  1. (a) The appointed date shall, as respects subjects of the contracting country who come within the operation of the Military Service Acts, 1916 and 1917, on the application of this Act in respect of that country, be the thirtieth day after the date on which the Convention is laid on the Table of the House of Commons applying the Act, and as respects subjects of the contracting country who come within the operation of the Military Service Acts, 1916 and 2131 1917, after that date, be the thirtieth day after the date on which they so come within the operation of those Acts:
  2. (b) A subject of the contracting country shall have the same rights with regard to exemptions and exceptions conferred by the Military Service Acts, 1916 and 1917, as he would have if he were a British subject, and shall be deemed to be within the exceptions under the Military Service Acts, 1916 and 1917, if he is the holder of a certificate of exemption for the time being in force granted by the Ambassador or a duly authorised public Minister of that country in the United Kingdom:
  3. (c) Any British subject arriving in Great Britain from the contracting country after the date of an Order in Council applying this Act to the subjects of that contracting country shall, if not ordinarily resident in Great Britain, be deemed for the purposes of the Military Service Acts, 1916 and 1917, to be ordinarily resident in Great Britain as from the date of his arrival, unless he shows that the part of His Majesty's Dominions in which he last resided was some part other than Great Britain.

(2) For the purposes of the limitation on the number of aliens who may serve together at any one time in any corps of the Regular Forces imposed by Section ninety-five of the Army Act, subjects of a contracting country who become liable to military service by virtue of the application of this Act in respect of their country shall not be reckoned in that number.

Amendments made: In Sub-section (1), leave out the word "the" ["the subjects"]; after the word "shall" ["shall be liable"] insert the words "if they have not, within twenty-one days after the convention has been laid before Parliament, made an application in such manner as may be prescribed by a Secretary of State to return to the contracting country or if, having made such an application, they have failed to avail themselves of an opportunity to do so."

In Sub-section (1) (a) leave out the words "on which the Convention is laid on the Table of the House of Commons," and insert instead thereof the words "of the Order in Council"; at the end of Subsection (1) (a) insert the words" except that when such subjects come within the operations of those Acts by reason of their failing to avail themselves of an opportunity of returning to the contracting country the appointed date shall be the date of such failure."

In paragraph (b), after the word "country" ["subject of the contracting country"], insert the words "who has not made such an application as aforesaid to return to that country."

After "1917" ["1917, as he would have"] insert the words "other than the exceptions mentioned in paragraph (1) of the First Schedule to the first-mentioned Act."

After the word "and" ["and shall be deemed to be"] insert the words "whether he has made such an application or not."

After paragraph (b) insert the words, (c) Regulations issued under the Military Service Acts, 1916 and 1917, may provide for the establishment of special tribunals for dealing with applications or appeals for exemption in respect of men who are rendered liable to military service by virtue of this Act and for the appointment of additional members to tribunals when dealing with such applications or appeals."—[Mr. Macpherson.]

Bill read the third time, and passed.